That the City Council:
A.  Introduce for first reading ORDINANCE NO. 2025-__ ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING A PLANNED UNIT DEVELOPMENT PERMIT (PUD2M24-0001) TO CONSTRUCT 21 DWELLING UNITS (APARTMENT HOMES), INCLUDING TWO AFFORDABLE UNITS FOR RENT TO MODERATE-INCOME HOUSEHOLDS, ON A 1.59 ACRE LOT AT THE PROPERTY CURRENTLY ADDRESSED AS 920 WEST LA HABRA BOULEVARD (ASSESSOR'S PARCEL NUMBER 298-011-021), AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PLANNED UNIT DEVELOPMENT (PUD2M24-0001) IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15332, CLASS 32: "INFILL DEVELOPMENT PROJECTS" OF THE CEQA GUIDELINES; and,

B.  APPROVE AN INCLUSIONARY HOUSING AGREEMENT WITH THE ROMAN CATHOLIC BISHOP OF ORANGE FOR TWO MODERATE-INCOME RENTAL UNITS AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO THE INCLUSIONARY HOUSING AGREEMENT.

The Applicant, Douglas Woodward of TDAC Development and Consulting, representing the Property Owner, the Roman Catholic Diocese of Orange, is requesting approval of a Planned Unit Development (PUD) permit application (PUD2M24-0001) in order to construct 21 dwelling units on a 1.59-acre portion of a site located at 920 West La Habra Boulevard belonging to Our Lady of Guadalupe Catholic Church, with two units (9% of the total number of units) made available to rent at an affordable cost to moderate-income households (the "Project").

Pursuant to La Habra Municipal Code (LHMC) Chapter 18.52 (PUD Planned Unit Overlay Zone), prior to the City Council's review of a PUD permit application, the proposed Project is reviewed by the Planning Commission, and the Commission provides a recommendation to City Council regarding the approval of the subject permit. The proposed PUD permit application was reviewed by the Planning Commission on February 24, 2025 (see Attachment 3 for the staff report and Attachment 4 for the meeting minutes), in conjunction with a lot line adjustment, and adopted Resolution No. 25-07 (Attachment 5) by a vote of 4-0, approving Lot Line Adjustment (LLA) 24-0002 to relocate an existing lot line in order to establish the subject 1.59-acre lot and recommending that the City Council introduce an ordinance to approve the Planned Unit Development permit (PUD2M24-0001). The Planning Commission's approval of LLA 24-0002 is final. During public comment at the Planning Commission meeting, eight residents stated that they did not support the Project and/or had concerns about the Project because of anticipated privacy, parking, traffic/speeding, street maintenance and flooding/soil impacts that they believe would result from the proposed Project. During the Commission's deliberation of the Project, the Commission noted that the State is holding cities accountable to develop more housing and that this is a unique project as the developer (Our Lady of Guadalupe Catholic Church) is a member of the community and it is in their best interest to continue to be a good neighbor. Additionally, the Commission noted that the Project meets all the Code requirements, provides more green space than typically provided in this type of Project, and that the Project provides ample onsite parking.   

As shown in Exhibit 1, the Project site, outlined in orange, is located on the southern portion of the Our Lady of Guadalupe Catholic Church property, and has been utilized as an open field area (a.k.a. McCarty Field) for church-related activities. The majority of the Project site (1.52 acres) is designated by the General Plan for Medium Density Residential land use and is within the Multi-Unit Dwelling (R-2) Zone and Planned Unit Development (PUD) Overlay Zone. The PUD Overlay Zone provides development requirements that are supplementary to the regulations set forth in the base zoning designation. 

The General Plan allows for the development of up to 14 dwelling units per acre (du/ac) on properties designated for Medium Density Residential land use and would permit the development of up to 21.28 dwelling units on this portion of the Project site. The remainder of the Project site (0.07 acres) is designated for Low Density Residential land use and is within the Single-Unit Dwelling (R-1c) Zone. The General Plan allows for the development of up to 8 du/ac on properties designated for Low Density Residential land use and would permit 0.56 dwelling units on this portion of the Project site. The Applicant is proposing to construct 21 units on the portion of the Project site designated for Medium Density Residential land use. The Applicant is not proposing to construct any units on the portion of the Project site that is designated for Low Density Residential land use as that area includes an existing sewer easement, which cannot be developed upon regardless of the General Plan land use designation. 

The subject property is not identified in the General Plan Housing Element as a site to meet the City's Regional Housing Needs Assessment (RHNA) allocation. In addition, the Conservation/Natural Resources chapter of the General Plan does not identify the Project site as an area of biological sensitivity (Chapter 6, Section A) and the Community Development chapter of the General Plan (Chapter 2, Section D) does not identify the site as an area of notable archaeological resources.

Exhibit 1: Vicinity Map
 
 
The General Plan land use designation, zoning, and existing land use for the properties surrounding the Project site are provided in Table 1 below:

Table 1: Surrounding Properties:

The Applicant will comply with LHMC Chapter 18.82 (Inclusionary Housing Units) by entering into an Inclusionary Housing Agreement (see Attachment 2) with the City to lease two units (9%) of the 21 units at a rate affordable to moderate-income individuals or families earning less than 110 percent of the median income, for a period of 55 years. Table 2 below shows the income limits by affordability type and number of household members. 

Table 2: Orange County Annual Income Limits for Number of Members per Household

• The maximum "affordable rent" a household at this income can spend is no more than $33,000 per year ($110,000 x 30%). 
• Household would receive a $2,100 allowance for utilities per year (a one-bedroom unit utility allowance for 2025 per HCD's utility allowance). 
• Actual rent payment to a landlord: $33,000 (maximum rent) minus $2,100 (annual utility allowance) = $30,900 divided by 12 months = $2,757 net rent per month.

The proposed Site Plan is shown below in Exhibit 2 and Attachment 7. The Applicant is proposing to construct six-foot high, Concrete Masonary Unit (CMU) split-face block walls along the northern and southern property lines that separate the proposed development from the Our Lady of Guadalupe property to the north and Guadalupe Park to the south.  The existing residential block wall along the western property line will remain in place, as will the existing residential block wall along the eastern property line that separates the property from the adjacent multi-unit dwellings that currently front on South Monte Vista Street. However, due to the Project site being situated on a lower grade than the eastern adjoining properties, the Applicant is proposing to construct a five-foot high retaining wall on the project site below this existing wall.  In addition, the Applicant is proposing to add a twenty-foot wide tubular steel access gate, equipped with emergency agency-compliant Knox-box key access, at the northwest corner of the subject site, although this is not required or requested by the City or the Los Angeles County Fire Department (LACFD).

Exhibit 2: Site Plan


As shown in Exhibit 2, vehicular access to the Project site will be from a cul-de-sac turnaround that connects to Walker Avenue, where the existing street terminates. Currently, Walker Avenue does not terminate in a cul-de-sac (see Exhibit 1), which is not an ideal street design if a vehicle comes to the end of the street and needs to turn around. Although there are no regulations in place that would require the Applicant to provide a full cul-de-sac, after discussions with the City's Engineering Division and LACFD, the Applicant has agreed to provide a cul-de-sac turnaround area in an effort to provide space for improved vehicle maneuvering. The cul-de-sac turnaround and the Project's private driveways/fire lanes comply with LACFD requirements to be at least 26 feet wide and clear of overhead obstructions, and comply with the LACFD and City's turning radii requirements. The private driveways/fire lanes provide a loop around the proposed buildings and provide access to all 21 residences. Additionally, emergency vehicles will have a LACFD approved "hammerhead" turn around at the southeast corner of the project site. 

In order to determine the proposed Project's impact on traffic, a Trip Generation and Vehicle Miles Traveled (VMT) Screening Assessment was performed for the proposed Project. Based on the Institute of Transportation Engineers (ITE) trip generation rates, the proposed project is forecast to generate approximately 151 daily trips. The Project’s trip generation does not exceed the County of Orange’s 200 daily trip threshold. As such, the proposed Project is not expected to result in any significant adverse impacts on the operations of the roadway network and intersections and traffic impact analysis is not required. Furthermore, based on the North Orange County Collaborative VMT Traffic Study Screening Tool (NOCC+), the proposed Project is screened out from a full VMT analysis based on its location within a Low VMT Area and is presumed to have a less than significant impact on VMT under CEQA. Therefore, no additional VMT analysis is required. 

As shown in Exhibit 2, the Applicant proposes to construct one two-unit building, two four-unit buildings, one five-unit building and one six-unit building. Each of the units within these buildings will have three bedrooms, an attached two-car garage and one uncovered parking space, in addition to access to a pool of 11 guest parking spaces. Two of the uncovered parking spaces will comply with Americans with Disabilities Act (ADA) requirements. As indicated in Table 3 below, the Project will meet the minimum parking required by the LHMC.

Table 3: Parking Requirements for Three-Bedroom Units

Staff reviewed the proposed project for conformance with the R-2 Zone's development standards, as summarized in Table 4 below. Although Section 18.52 of the LHMC (Planned Unit Development Overlay Zone) does not provide specific development standards, it does provide a level of flexibility for the developer to deviate from the established building standards of the underlying zoning designation for the purpose of constructing a project that is cohesive with the surrounding neighborhood. 

Table 4: R-2 Zone Development Standards

As noted in Table 4 above, the proposed Project meets or exceeds the R-2 Zone development standards, except for the front setback.  As shown in Exhibit 3, along the western property line, the Project site sits at grade with the adjacent single-unit dwelling that is located on the south side of Walker Avenue (960 Walker Avenue). The four-unit building that is situated at the western edge of the Project site has a front setback that is 10-feet wide instead of the required 15 feet. The subject single-unit dwelling, adjacent to the four-unit building, has an adjacent side setback that is five feet from the property line, resulting in a total building to building separation of 15 feet. In order to mitigate any privacy impacts of the reduced setback, the Applicant proposes to plant large (24 inch box) Podocarpus graciliar "column" fern pines, within the Project's front setback area. These "column" fern pines range between eight and fifteen feet in height and are three to five feet in width.  Exhibit 4 shows the location of the Podocarpus graciliar "column" fern pines and a line-of-sight cross-section at the Walker Avenue property line. The exhibit identifies the anticipated height at the initial planting and when the trees reach maturity. The Applicant is requesting this reduced setback in order to provide 26-foot wide driveways/fire lanes that meet LACFD requirements, without compromising the design of the proposed Project or the number of proposed units.

Exhibit 3: Location of Reduced Front Setback


Exhibit 4: Line of Sight

 
As shown below in Exhibit 5, the Applicant proposes a variety of landscaping throughout the Project, including a mixture of small, medium and large trees and shrubs as well as bougainvillea vines, succulents, groundcover and drought tolerant turf.  Pursuant to LHMC Section 18.26.040.E (Usable Yard Area), the project must include a minimum of 250 square feet of private usable open space or a combination of private and common open space with at least 30% of the total number of dwelling units having private usable open space. The Applicant will exceed this requirement by providing individual private, ground-floor patios for all 21 dwelling units that range in size from 250 square feet to 465.8 square feet in area; and, 2,111 square feet of active and passive common open space.  As shown in Exhibit 6, the common open space will include six 15-square foot raised planters that will be used for gardening, tree and shrub-lined walkways, passive park bench seating areas, a natural gas barbecue grill, and an outdoor dining table and seating, which will be covered by a modern opaque metal gazebo. 

Exhibit 5: Landscape Plan

 
Exhibit 6: Community Open Space Amenities

 
As shown below in Exhibit 7, the Applicant has designed the proposed Project to meet the requirements of LHMC Chapter 18.09 (Objective Design Standards for Multi-Unit Residential and Mixed-Use Development). Pursuant to LHMC Section 18.09.060 (Architectural Styles), the Applicant has chosen the Spanish Colonial Revival architectural style, utilizing the following design criteria:

Exhibit 7: Architectural Style

Units 220A



Units 400A



Units 500A




Units 600A



Exhibit 8 shows the typical floor plans for a four-unit building. All buildings, regardless of the number of units, feature the same layout, typically 'flipped', when adjoining. All floor plans will have three bedrooms, two and one-half baths with two car garages. Garages will be outfitted to be ready for Level 2 electric vehicle charging and will include designated space for the water heater and three waste bins including trash, recycling and organics. All first floors include a great room that includes a kitchen with a pantry, an island with bar seating, a dining area, and a living room area, in addition to a separate bathroom with a toilet and sink. The second floor will include three bedrooms, including one primary bedroom with a private bathroom and walk-in closet, a central laundry facility, and a full shared bathroom.  

Exhibit 8: Floor Plans

First Floor - Floor Plan 
                                                                                     
Second Floor - Floor Plan

Required Findings

Per the requirements of LHMC Chapter 18.52 (PUD Overlay Zone), after receiving the Planning Commission's recommendation on any PUD permit application, the City Council is required to conduct a public hearing on the application. After the hearing, the City Council is required to approve, approve with conditions, or deny the application, taking into account everything submitted to and considered by the Planning Commission. Pursuant to LHMC Section 18.52.100, the City Council may grant approval of a PUD permit only if it can make all of the findings required to be made by the Planning Commission. The required findings are listed below; following each finding is Staff's analysis of the proposed Project's ability to meet the required finding. The granting, either with or without conditions or the denial of such an application by the City Council is final. 

A. That the location, design and proposed uses are compatible with the character of existing development in the vicinity. 

The majority (95.5 percent) of the Project site is located within the R-2 Zone and the PUD Overlay Zone and has a Medium Density (up to 14 du/ac) land use per the General Plan. The proposed development of 21 apartment homes is consistent and compatible with adjacent residential development to the east and the west. Therefore, the location, design and proposed uses are compatible with the character of existing development in the vicinity. 

B. That the plan will produce, internally, an environment of stable and desirable character, and will not tend to cause any traffic congestion on surrounding or access streets.

Vehicular access to the Project site will be from Walker Avenue, which does not currently terminate in a cul-de-sac, and is not an ideal street design if a vehicle comes to the end of the street and needs to turn around. Although there are no regulations in place that would require the Applicant to provide a full cul-de-sac, after discussions with the City's Engineering Division and LACFD, the Applicant has agreed to provide a cul-de-sac turnaround area in an effort to provide space for improved vehicle maneuvering. The cul-de-sac turnaround and the Project's private driveways comply with LACFD requirements to be at least 26 feet wide and clear of overhead obstructions, and comply with the LACFD and City's turning radii requirements. The private driveways provide a loop around the proposed buildings and provide access to all 21 residences. Additionally, emergency vehicles will have a LACFD approved "hammerhead" turn around at the southeast corner of the Project site. On February 22, 2024, the Applicant conducted the required fire hydrant flow test for the existing fire hydrant located at the northeast corner of South Marian Street and Third Avenue. The test was approved by LACFD and the City. In addition, the Applicant will install a new fire hydrant near the center of the proposed Project and equip all units with a fire sprinkler system.  

In order to determine the proposed Project's impacts on traffic, RK Engineering Group, Inc. prepared a Trip Generation and Vehicle Miles Traveled (VMT) Screening Assessment for the proposed Project. Based on the ITE trip generation rates, the proposed Project is forecast to generate approximately 151 daily trips, which include approximately 10 AM peak hour trips and 12 PM peak hour trips. The Project’s trip generation does not exceed the typical 50 peak hour trip threshold nor the County of Orange’s 200 daily trip threshold. As such, the proposed Project is not expected to result in any significant adverse impacts on the operations of the roadway network and intersections and traffic impact analysis is not required. Furthermore, based on the North Orange County Collaborative VMT Traffic Study Screening Tool (NOCC+), the proposed Project is screened out from a full VMT analysis based on its location within a Low VMT Area and is presumed to have a less than significant impact on VMT under CEQA Therefore, no additional VMT analysis is required. Therefore, the Project will produce, internally, an environment of stable and desirable character, and will not tend to cause any traffic congestion on surrounding or access streets.

C. That all required applications for the proposed use have been processed, including any Conditional Use Permit applications. 

The Applicant has filed all the required applications for this proposed Project. The request includes a Lot Line Adjustment, which was approved by the Planning Commission on February 24, 2025 through the adoption of Resolution No. 25-07. Therefore, all required applications have been processed.

D. That the standards of development applicable to the Planned Unit Development are clearly designated in the proposed Planned Unit Development ordinance or plans approved thereunder and/or supplementary text material.

The proposed design standards and layout dimensions are clearly depicted on the Project plans. Chapter 18.52 of the LHMC (Planned Unit Development Overlay Zone) does not provide specific development standards; however, it provides a level of flexibility for the developer to deviate from the established building standards of the underlying zoning designation for the purpose of constructing a project that is cohesive with the surrounding neighborhood. As indicated in the table below, the Project will meet the minimum parking required by the LHMC.

  Table 3: Parking Requirements for Three-Bedroom Units

 Staff reviewed the proposed Project for conformance with the R-2 developments in the table below. 

 Table 4: R-2 Zone Development Standards

As noted in the table above, the proposed Project meets or exceeds the R-2 Zone development standards, except for the front setback where the Project site sits at grade with the adjacent single-unit dwelling that is located on the south side of Walker Avenue (960 Walker Avenue). The four-unit building that is situated at the western edge of the Project site has a front setback that is 10-feet wide instead of the required 15 feet. The subject single-unit dwelling, adjacent to the four-unit building, has an adjacent side setback that is five feet from the property line, resulting in a total building to building separation of 15 feet. In order to mitigate any privacy impacts of the reduced setback, the Applicant proposes to plant large (24 inch box) Podocarpus graciliar "column" fern pines, within the Project's front setback area. These "column" fern pines range between eight and fifteen feet in height and are three to five feet in width. As permitted by the PUD Overlay Zone, the Applicant is requesting this reduced setback in order to provide 26-foot wide driveways/fire lanes that meet LACFD requirements, without compromising the design of the proposed Project or the number of proposed units. Therefore, the applicable development standards are clearly designated.
 
E. That the proposed development will be well integrated into its setting. 

The proposed Project has been designed to comply with the requirements of the R-2 Zone and the PUD Overlay Zone, as well as the requirements of LHMC Chapter 18.09 (Objective Design Standards for Multi-Unit Residential and Mixed-Use Development) for the Spanish Colonial Revival architectural style. A private road servicing the development will connect with Walker Avenue to the west. The Applicant proposes to utilize existing 6-foot block walls between the single-unit residences to the west and the multi-unit residences to the east. Additionally, the multi-unit property to the east is further separated by a grade differential between four and five feet. The Applicant also proposes landscape screening adjacent to the single-unit residence at the western property line of the proposed development. Therefore, the proposed development will be well integrated into its setting.

F.  That provision is made for both public and private open space, at least equivalent to that required in the primary zone. 

The proposed Project exceeds the City's requirements for private and common open space by providing individual private, ground-floor patios for all 21 dwelling units that range in size from 250 square feet to 465.8 square feet in area, and 2,111 square feet of active and passive common open space.  The common open space will include six 15-square foot raised planters that will be used for gardening, tree and shrub-lined walkways, passive park bench seating areas, a natural gas barbecue grill, and an outdoor dining table and seating, which will be covered by a modern opaque metal gazebo. Therefore, provision is made for both public and private open space, at least equivalent to that required in the primary zone.

G.  That suitable provision is made, where appropriate, for the protection and maintenance of private areas reserved for common use. 

The conditions of approval for the PUD require the development of the Project to be in substantial conformance with the final plans as recommended for approval by the Planning Commission and as approved by the City Council.  The Applicant proposes to employ firms to maintain and protect private areas reserved for common use. Therefore, suitable provision is made for the protection and maintenance of private areas reserved for common use.

H.  That the proposed development does not negatively impact the City’s ability to provide services over the short and long term to City residents because the projected cost of providing City services to the property outweighs the economic benefits of the project to the City. 

The Applicant provided a Fiscal Impact Analysis prepared by DTA (formerly David Taussig and Associates) public finance firm. The analysis concluded that at Project build-out, the 21 apartment homes will produce nominal annual recurring fiscal surplus of $6,500 including secured property tax revenues received by the City's General Fund. Additionally, annual property tax revenues generated by the project's build-out, including property tax in lieu of vehicle license fees (VLFs), are estimated at $38,980. Annual indirect sales tax revenues generated by the household retail spending within the City limits at the Project's build-out are estimated at $6,035. 

The site is adequately served by the La Habra Police Department, the Los Angeles County Fire Department, the City of La Habra (water, trash, and sewer), and parks. In addition, each public safety division of the City has also reviewed the Project and provided any necessary conditions of approval. All Project-related public utilities, infrastructure, and services are already in place. Therefore, the Project does not negatively impact the City’s ability to provide services over the short and long term to City residents. 

I.  That the proposed project complies with all requirements of the California Environmental Quality Act. 

This Project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be categorically exempt under Section 15332, Class 32: "In-fill Development Projects" of the CEQA Guidelines in that the Project is consistent with the General Plan designation and all applicable General Plan policies, the Project site is less than five acres and surrounded by urban uses. The 1.59-acre site encompasses a portion of an open field area, south of Our Lady of Guadalupe Catholic Church, that has been utilized for church-related activities (a.k.a. McCarty Field). To the east, there are existing apartments (Monte Vista Manor Apartments) and additional multi-unit dwellings that front along Monte Vista Street. To the south, there is a portion of Guadalupe Park as well as the Union Pacific Railroad. To the west, there is an existing neighborhood of single-unit homes. The Conservation/Natural Resources chapter of the General Plan does not identify the Project site as an area of biological sensitivity. As a result, the Project site has no value as a habitat for rare, endangered or threatened fish or wildlife. The Project would not cause significant impacts to traffic, noise, air quality, or water quality. Based on the ITE trip generation rates, the proposed Project is forecast to generate approximately 151 daily trips, which include approximately 10 AM peak hour trips and 12 PM peak hour trips. The Project’s trip generation does not exceed the typical 50 peak hour trip threshold nor the County of Orange’s 200 daily trip threshold. As such, the proposed Project is not expected to result in any significant adverse impacts on the operations of the roadway network and intersections and traffic impact analysis is not required. Furthermore, based on the North Orange County Collaborative VMT Traffic Study Screening Tool (NOCC+), the proposed Project is screened out from a full VMT analysis based on its location within a Low VMT Area and is presumed to have a less than significant impact on VMT under CEQA Therefore, no additional VMT analysis is required. The very low trip generation from the Project also results in less than significant operational noise and air quality impacts. Construction noise and air quality impacts are governed by the La Habra Municipal Code and AQMD Rule 403. The Project does not require import or export of dirt and the grading quantities are minimal. Prior to discharging storm flows into an existing storm drain, the Project will treat the initial storm runoff through a modular wetland system or similar water quality BMP, ensuring compliance with the MS4 requirements. Because this is a redevelopment project, the site can and will continue to be adequately served by all utilities and public services.  

The Project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this Project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The Project is not located along any state-designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of the Project. Therefore, the Project is categorically exempt from CEQA. 

J. That there is reasonable assurance that the applicant intends to and will be able to proceed with the execution of the project without undue delay. 

The Applicant has indicated that they will submit construction drawings for building plan check immediately upon completion of the entitlement process. Therefore, the Applicant has provided a reasonable assurance that the Applicant intends to and will proceed with execution of the Project without undue delay.

K. That there is substantial compliance with the spirit and intent of this title. 

As noted above, the proposed Project is in substantial compliance with all of the applicable standards of the underling R-2 Zone and the PUD Overlay Zone as per the plans and supporting studies. Therefore, the Project is in substantial compliance with the spirit and intent of the Zoning Ordinance.

Housing Accountability Act

Pursuant to the Housing Accountability Act (California Government Code Section 65589.5):

(1) When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:

(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
 

As set forth in this staff report, the proposed Project complies with all applicable general plan, zoning, and subdivision standards and criteria. Therefore, pursuant to the Housing Accountability Act, if the City Council seeks to disapprove or reduce the density of this proposed housing development project, it would need to first make written findings supported by a preponderance of the evidence that (1) the Project would have a specific adverse impact on public health or safety, and (2) there is no feasible method to satisfactorily mitigate or avoid the adverse impact identified other than disapproval of the Project or approval of the Project on the condition that it be developed at a lower density.
 

Moved by Chair Manley and seconded by Commissioner Cardenas, approving Resolution No. 25-07, entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND (1) APPROVING LOT LINE ADJUSTMENT (LLA) 24-0002 TO RELOCATE AN EXISTING LOT LINE IN ORDER TO ESTABLISH A 1.59 ACRE LOT, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS; AND (2) RECOMMENDING THAT THE CITY COUNCIL APPROVE PLANNED UNIT DEVELOPMENT (PUD) 24-0001 TO CONSTRUCT 21 DWELLING UNITS (APARTMENT HOMES) INCLUDING TWO AFFORDABLE UNITS FOR RENT TO MODERATE-INCOME HOUSEHOLDS ON SAID 1.59 ACRE LOT AT THE PROPERTIES CURRENTLY ADDRESSED AS 900-970 WEST LA HABRA BOULEVARD (ASSESSOR’S PARCEL NUMBERS 298-121-01, 298-011-021 AND 298-011-22), AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT LLA 24-0002 IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15332, CLASS 32: “INFILL DEVELOPMENT PROJECTS” OF THE CEQA GUIDELINES.

The Applicant has paid the $10,778 processing cost associated with the Planned Unit Development. Approval of the Inclusionary Housing Agreement will have no impact on the City's General Fund. Staff anticipates that the permit fees associated with the construction of the proposed Project will be approximately $850,000. In addition, the Applicant provided a Fiscal Impact Analysis prepared by DTA (formerly David Taussig and Associates) public finance firm. The analysis concluded that once the project is completed, the 21 apartment homes will produce a nominal estimated annual recurring fiscal surplus of $6,500 to the City's General Fund from secured property tax revenues. The City's portion of annual property tax revenues generated by the project's build-out, including property tax in lieu of vehicle license fees (VLFs), are estimated at $38,980. Annual indirect sales tax revenues generated by the household retail spending within the City limits at the Project's build-out are estimated at $6,035. 

The Project is consistent with the following General Plan policies:
LU 1.2 Development Capacity
LU 2.1 Places to Live
LU 4.1 Development Compatibility
LU 4.4 Design Review
LU 6.4 Housing Type Distribution
LU 7.2 New Residential Development
LU 7.7 Incompatible Uses
LU 9.1 Character and Design
LU 9.2 Amenities
LU 9.3 Development Transitions
H 1.3 Support Private Sector Housing Production
H 1.4 Variety of Housing
H 1.5 Market and Non-Market Housing Production Needs
H 1.7 Inclusionary Housing

The project is consistent with the following City Council goals and objectives:
Goal 5: Development Activity and Business Assistance

Objective Q: Facilitate the development of high-quality housing, at a variety of income levels, to help meet projected demand, as set forth in the Regional Housing Needs Assessment (RHNA)